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Civil Procedure Keyed to Marcus
Benson and Ford, Inc. v. Wanda Petroleum Co
Facts
During the pendency of the Shelby litigation, Benson and Ford filed a separate suit alleging the same antitrust violations against Defendants. David Ford voluntarily appeared to testify as a witness for Shelby. The jury returned a verdict for the defendants. The jury found for the Defendants on all of Shelby’s theories. After the Shelby judgment, the Defendants moved for summary judgment against Ford. The Defendant argued that Ford should be barred from relitigating the issues because he had voluntarily appeared at the first trial as a witness, and retained the same lawyer as Shelby. The district court granted the Motion for Summary Judgment and issued a Rule 54(b) certificate.
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